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Timberland Investing and Private Property Rights in the United States of America
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作者 Caroline Harris Tom Harris Jacek Siry 《Open Journal of Forestry》 2020年第4期428-444,共17页
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le... Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US. 展开更多
关键词 Forest Economics Property Law Property Rights Private Land Ownership history of Forestry Alternative Asset Classes Premises Liability Recreational Land Use Business Law Capital Use Real Estate Title Rule of Law United States Constitutional Law legal history
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Advancing the Chinese Legal System Through Inheriting Excellent Traditional Chinese Legal Culture
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作者 WANG Limin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第2期201-224,共24页
Currently,research on the Chinese legal system is flourishing,and more and more issues are worthy of exploration.The Chinese legal system is unique among the five major legal systems in the world.It is the only ancien... Currently,research on the Chinese legal system is flourishing,and more and more issues are worthy of exploration.The Chinese legal system is unique among the five major legal systems in the world.It is the only ancient secular legal system,and the only ancient secular legal system to have been disseminated by non-coercive means.The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states.Indeed,these issues are important in research on the Chinese legal system,and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture.It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture.In addition to comprehensive discussions,it is also necessary to fill gaps and advance the research on the Chinese legal system. 展开更多
关键词 Chinese legal system legal history rule of law construction legal culture
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THE LEGAL THOUGHT OF EMPEROR TAIZONG OF THE TANG DYNASTY (618--907)
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作者 Norman P. HO 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2017年第4期584-625,共42页
Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's leg... Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's legal thought in his broader political thought. Furthermore, it has been influenced by the traditional bias in Tang historiography as a whole, which has been adulatory toward Taizong's reign. Drawing from a variety of sources, including dynastic histories and Taizong's writings, this article seeks to complicate the existing historiography. It lays out key characteristics of Taizong's legal thought, situating them in the historical context in which Taizong operated, as well as contextualizing them within his broader political thought, to present a more balanced analysis. It will argue that Taizong was an emperor who was concerned with legality, competent legal administration, and leniency in punishments. His actions and rhetoric also suggest that he believed that law should be applied to the emperor's conduct as well. At the same time, this article also argues that Taizong should not be viewed primarily as an innovative legal thinker or as someone with an ideological or idealistic commitment to legal reform for its own sake. Rather, he was a man whose views on law were greatly motivated by practical, political concerns, such as concerns regarding the stability and legitimacy of his rule. More broadly, this article contributes to the historiography of traditional Chinese legal history by complicating the so-called dominant narrative of the process of "Confucianization of law" in premodern Chinese history by highlighting the role that specific historical actors (such as Taizong) played in that process. 展开更多
关键词 legal theory Chinese legal theory Chinese legal history JURISPRUDENCE Tangdynasty
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MAGNA CARTA AND THE FUNDAMENTAL RIGHT TO DUE PROCESS
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作者 Joshua C. Tate 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2016年第2期236-242,共7页
The 800th anniversary of Magna Carta has been marked by much pageantry and celebration. Some scholars have taken this opportunity to point out that the myth of Magna Carta is far greater than what the actual 1215 Char... The 800th anniversary of Magna Carta has been marked by much pageantry and celebration. Some scholars have taken this opportunity to point out that the myth of Magna Carta is far greater than what the actual 1215 Charter managed to accomplish. Nevertheless, Magna Carta did make a meaningful and concrete contribution to due process in 1215, as shown by certain provisions that are seemingly overlooked by critics eager to downplay the Charter's importance. This article highlights two lesser known clauses of Magna Carta that had real contemporary significance in guaranteeing the availability of jury trial for some categories of civil litigation. The ringing promises of Clauses 39 and 40 may have inspired great jurists and founders of nations, but the more humble Clauses 17 and 18 -- specifying the proper location and manner of hearing certain civil cases -- must also be taken into account in assessing the Charter's importancc. 展开更多
关键词 Magna Carta legal history trials access to justice PROPERTY fundamental rights
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MAGNA CARTA AND THE AMERICAN POLITICAL IMAGINATION: Two INSTANCES OF HABEAS CORPUS VINDICATED
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作者 H. Robert Baker 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2016年第2期215-235,共21页
Magna Carta has long been understood as a source of inspiration for the U.S. Constitution, and especially its enshrinement of the writ of habeas corpus -- the right of any prisoner to test his or her detention accordi... Magna Carta has long been understood as a source of inspiration for the U.S. Constitution, and especially its enshrinement of the writ of habeas corpus -- the right of any prisoner to test his or her detention according to the law. In the "Suspension Clause" of the U.S. Constitution (Article I, Section 8), Congress is granted permission to suspend habeas corpus only "when in cases of Rebellion or Invasion the public Safety may require it." This article surveys two failed attempts by the U.S. government to suspend the writ of habeas corpus. The first (which was actually the very first such attempt) was in 1807 and followed revelations of the so-called Burr Conspiracy. The second (incidentally the most recent in American history) occurred during the War on Terror and culminated with the Supreme Court's decision ofBoumediene vs Bush in 2008. A close examination of these two historical episodes reveals just how different were the constitutional processes of the early republic and contemporary times. Additionally, comparing the uses of Magna Carta during the two episodes demonstrates marked changes in American political culture. Historical consciousness, vital to early Americans' understanding of their political system, has shifted to an elite level. Likewise, the protection of fundamental liberties has migrated from the popular branch of government (Congress) to the elite one (the Supreme Court). This article considers the implication of this shift in both constitutional processes and historical consciousness. 展开更多
关键词 Constitutional Law legal history habeas corpus suspension clause MagnaCarta
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Analysis of the testimonial evidence of Portugal's first major forensic case:part Ⅱ
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作者 Ricardo Jorge Dinis-Oliveira 《Forensic Sciences Research》 CSCD 2020年第4期266-285,共20页
The crime possibly perpetrated by a doctor named Vicente Urbino de Freitas in 1890 is one of the most famous cases of poisoning,and it had echoes in the Portuguese and foreign press for several decades.This prestigiou... The crime possibly perpetrated by a doctor named Vicente Urbino de Freitas in 1890 is one of the most famous cases of poisoning,and it had echoes in the Portuguese and foreign press for several decades.This prestigious doctor was convicted of the fatal poisoning of his nephew.He also attempted the homicide of two nieces and their mother-in-law,who only escaped because they obstinately refused to comply with the"therapeutics"prescribed by the family doctor.The motive of the crime should have been Vicente Urbino de Freitas'ambition to receive the family inheritance of his wife,the daughter of the well-known mer-chant Jose Antonio Sampaio of Flores Street in Porto.Vicente Urbino de Freitas was con-victed but doubt about his guilt persists for more than a century.This second work aimed to collect and analyse all the relevant and contradictory testimonial evidence of the prosecu-tion and defence witnesses.This case represents an odd historical record obtained through more than 12years of research on the first major significant Portuguese forensic case.Rare and unprecedented testimonial evidence and photographs were obtained from different countries and then repaired,since these also provide an important historical record of the medical photography. 展开更多
关键词 history of legal medicine forensic sciences forensic toxicology Vicente Urbino de Freitas Mário Guilherme Augusto de Sampaio testimonial evidence Flores Street
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Analysis of the autopsy,toxicological,and psychiatric reports of Portugal’s first major forensic case:partⅢ
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作者 Ricardo Jorge Dinis-Oliveira 《Forensic Sciences Research》 CSCD 2021年第4期250-272,共23页
This work presents an odd historical record obtained through more than 14 years of research regarding one of the first major european forensic cases.The presumed homicide of Mário Guilherme Augusto de Sampaio in ... This work presents an odd historical record obtained through more than 14 years of research regarding one of the first major european forensic cases.The presumed homicide of Mário Guilherme Augusto de Sampaio in 1890 was allegedly perpetrated by his uncle,the prestigious doctor vicente Urbino de Freitas.This famous poisoning had international repercussions for decades,with the participation of several forensic experts that made the history of forensic sciences,namely forensic toxicology and pathology.This third work aims to collect,restore,and analyse all the forensic evidence,particularly from the autopsy,toxicological,and psychiatric forensic reports.Facts regarding the life of vicente Urbino de Freitas during his exile in Brazil were also recovered,along with a vast and outstanding assortment of forensic medicine photographs from the 19th century. 展开更多
关键词 Forensic sciences forensic reports ALKALOIDS history of legal medicine Flores Street vicente Urbino de Freitas JoséAntónio de Sampaio Junior Mário Guilherme Augusto de Sampaio
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